A Florida appeals court has revived a lawsuit filed by Miramar residents who say the city’s improperly treated water corroded the plumbing in their homes — a ruling that allows the case to move forward after it was previously dismissed.
In a decision issued Wednesday, the Fourth District Court of Appeal said the lawsuit filed by more than 1,000 residents contains enough evidence to pursue negligence claims against the City of Miramar and its consultant, Kimley-Horn & Associates.
According to a Law360 report, the panel also reinstated a professional malpractice claim against the consultant.
The lawsuit, first filed in Broward County in 2023, accuses the city of failing to properly treat tap water between 2016 and 2022. Residents allege the city didn’t add enough minerals back into the water after using filtration processes at the West Water Treatment Plant. One key mineral, calcium, helps create a protective coating inside copper pipes. Without it, pipes can corrode, eventually causing small holes and leaks.
The plaintiffs say the damage was widespread across homes served by the treatment plant and claim some residents were forced to completely re-pipe their homes — repairs costing tens of thousands of dollars.
The lawsuit also points to advice given by Kimley-Horn, which recommended the use of a corrosion inhibitor but failed to recommend adding calcium. Residents argue that even with improved water chemistry now, the damage is already done, and corrosion will continue unless pipes are fully replaced.
The trial court had previously dismissed the lawsuit, finding the Miramar residents didn’t show they relied on the consultant’s advice and that some of their legal arguments didn’t meet Florida’s standards. But the appeals court disagreed in part, saying the city could still be held liable under Florida’s “undertaker’s doctrine.” That legal principle says if a party agrees to provide a service — like treating water — it has a duty to do so with care and avoid putting others at risk.
The appeals court also said the professional malpractice claim against Kimley-Horn was valid, noting the firm was hired to provide engineering and design advice that allegedly led to the damage.
However, the panel upheld the lower court’s decision to throw out the residents’ claims of negligent misrepresentation and strict liability.
Leslie Kroeger, one of the attorneys for the residents, called the ruling “significant progress” for homeowners who suffered serious damage. “Many homeowners faced expenses in the tens of thousands of dollars,” she said in a statement to Law360. “They shouldn’t bear the financial burden of the city’s failure to properly treat their water supply.”
Kimley-Horn’s attorney, Michael Hanzman, pushed back on the ruling, saying the court went against established legal standards. He argued that professionals like engineers shouldn’t be held responsible to third parties who weren’t their clients. He said the firm intends to seek a rehearing.
The case now returns to the lower court in Broward County for further proceedings, which may include a status conference and trial date.
